The opening of the article is laying out the case that the laws are good -- they make the market legible to participants. As he says:

``` To navigate all of these technical minefields, you need the help of a third party. In a modern society, that third party is an expert regulator who investigates or anticipates problems in their area of expertise and then makes rules designed to solve these problems.

To make these rules, the regulator convenes a truth-seeking exercise, in which all affected parties submit evidence about what the best rule should be and then get a chance to read what everyone else wrote and rebut their claims. Sometimes, there are in-person hearings, or successive rounds of comment and counter-comment, but that’s the basic shape of things.

Once all the evidence is in, the regulator—who is a neutral expert, required to recuse themselves if they have conflicts—makes a rule, citing the evidence on which the rule is based. This whole system is backstopped by courts, which can order the process to begin anew if the new rule isn’t supported by the evidence created while the regulator was developing the record.

This kind of adversarial process—something between a court case and scientific peer review—has a good track record of producing high-quality regulations. You can thank a process like this for the fact that you weren’t killed today by critters in your tap water or a high-voltage shock from one of your home’s electrical outlets. ```

And this is central to Doctorow's point, right? The narrow question of the legality of Uber's current service offerings is actually pretty well litigated, and if Uber was as flagrantly illegal as he claims, "we're an app" wouldn't have kept them in business. Doctorow argues that this is happening through regulatory capture -- the case isn't primarily that Uber is violating the currently existing set of laws, regulations, court precedents, etc. It's that Uber is violating what the regulations _would be_ in a world where they had less market power with which to influence regulations.

And so it's not enough to argue about how the apps get around _current_ laws. By Doctorow's own arguments, we're debating the merits of a counterfactual set of different regulations that we would have if you changed current conditions. And at that point, it is absolutely fair game to ask if this counterfactual set of different regulations is actually better for market participants.